DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Packaging Pty Ltd T/A Visy Beverage Can
(AG2018/7038)

VISY BEVERAGE CAN (SMITHFIELD) COLLECTIVE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 13 FEBRUARY 2019

Application for approval of the Visy Beverage Can (Smithfield) Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Visy Beverage Can (Smithfield) Collective Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Visy Packaging Pty Ltd T/A Visy Beverage Can. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 10(a) - Hours of work, Clause 23 - Annual leave;

• Clause 6.1 of the Appendix - Annual leave;

• Clause 25 - Carers’ leave;

• Clause 7.4 - Parental leave;

• Clause 38 – Redundancy; and

• Clause 3 of the Appendix - Abandonment of employment.

However, noting clause 6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 February 2019. The nominal expiry date of the Agreement is 31 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case, Visy Packaging Pty Ltd, trading as Visy Beverage Can, applied for the approval of the Visy Beverage Can (Smithfield) Collective Agreement 2018. The dispute centred around the terms and conditions of employment within the Smithfield facility, focusing on whether the proposed agreement met the requirements for approval under the relevant industrial legislation. The application was heard by the Fair Work Commission, an industrial relations tribunal in Australia.

The primary legal issue before the court was whether the collective agreement complied with the necessary statutory provisions. This included examining if the agreement was made in good faith and if it contained the essential minimum terms as prescribed by the Fair Work Act 2009. The court also needed to assess if the agreement adequately addressed the interests of both the employer and the employees.

The Fair Work Commission found that the Visy Beverage Can (Smithfield) Collective Agreement 2018 was made in good faith and included all essential minimum terms. The court was satisfied that the agreement was fair and balanced, considering the interests of both the employer and the employees. It determined that the agreement met the statutory requirements and approved it accordingly. The decision underscored the importance of achieving a fair balance in industrial relations agreements, ensuring that both parties' rights and obligations are adequately protected.

Visy Packaging Pty Ltd T/A Visy Beverage Can

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established